Case law

Ermert v. Hartford Ins. Co.

559 So. 2d 467 · Supreme Court of Louisiana · Mar 12, 1990

Finally, he stated that La.R.S. 9:2791, which grants tort immunity to landowners who open their land to the public for recreational purposes, further precluded any imposition of liability upon the hunting group. … The hunters had established such a rapport and were in such accord that they had no need even for written hunting rules.

Norred v. Travelers Insurance Company

236 So. 2d 637 · Louisiana Court of Appeal · May 26, 1970

One of these physicians is an internist, specially qualified to treat a metabolic condition such as diabetes. … The testimony clearly establishes that the infection in Norred's hand was healed and his diabetic condition was under complete control on his release from the hospital on December 2, 1965.

Soileau v. Med-Express Ambulance Service, Inc.

3 La.App. 3 Cir. 0351 · Louisiana Court of Appeal · Oct 1, 2003

“Some” expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging that risk exists and the likelihood of occurrence. … [It must] review the record in its entirety to determine whether the trial court’s finding was clearly wrong or manifestly erroneous.” Id. at 882 (citation omitted).

Babin v. Caddo East Estates I, Ltd.

496 B.R. 804 · District Court, E.D. Louisiana · Aug 9, 2013

If Congress had intended this result — a significant curtailment of traditional remedies commonly available — it would have spoken more clearly. The Trustee’s claim is not preempted. II. … Loss distribution and financial protection rules involve issues like immunity from suit, whether liability is joint and several, contribution rules, and the like.

Blumenthal Print Works v. United States

51 F. Supp. 208 · District Court, E.D. Louisiana · Aug 3, 1943

It must take the privilege as it is offered, for the United States as sovereign is, of course, immune from suit except as it consents to be sued, and the terms of its consent with respect to the present suit for refund defines … Plaintiff, while it has established to the satisfaction of this Court that it did initially bear the burden of the amount of compensating tax paid, at the time of payment, has not so established that it did continue to bear

State v. King

355 So. 2d 1305 · Supreme Court of Louisiana · Mar 6, 1978

Clearly, it was more probable than not that the pillowcase, the bottles of prescription drugs and the wallet were related to the case. Hence, the trial judge properly permitted their introduction in evidence. … The state then proceeded to recrossexamine defendant in an attempt to establish that in fact he did know that Lehmann intended to burglarize the store.

Harrison v. Glendel Drilling Co.

679 F. Supp. 1413 · District Court, W.D. Louisiana · Feb 22, 1988

The facts in the present case, however, are clearly distinguishable from those in Parker . … On the contrary, the facts and authorities establish and recognize the need for local and state control of medical malpractice claims.

United States v. Louisiana

718 F. Supp. 525 · District Court, E.D. Louisiana · Aug 4, 1989

Thus, Southern’s invocation of the clearly erroneous rule is inapposite. … The Court has endeavored to appoint a qualified Monitoring Committee with geographical and racial diversity. As a Louisiana resident and educator, Dr.

State v. Morehead

870 So. 2d 428 · Louisiana Court of Appeal · Apr 2, 2004

The state clearly established that the gun in question was the murder weapon. The salient portions of Clarissa's testimony was borne out by other evidence, particularly as to motive and time frame. … The trial court found the state had clearly established that the murder *441 had occurred in Ouachita Parish, and denied the defendant's motion.

Broussard v. Dillard Department Stores, Inc.

16 La.App. 3 Cir. 134 · Louisiana Court of Appeal · Feb 15, 2017

Defendants also make the alternative argument that they have technically complied with the provisions of La.R.S. 23:1161.1(A) because, in addition to having a qualified claims adjuster in Tennessee, they also have a claims … Therefore, as clearly set forth in the statute, the definitions found in La.R.S. 23:1176 do not apply to terms found in La.R.S. 23:1161.1.

McCoy v. Tangipahoa Parish School Board

308 So. 2d 382 · Louisiana Court of Appeal · Apr 24, 1975

The School Board contends it could legally remove Appellee from the position of principal without complying with the provisions of LSA-R.S. 17:442 and 443, because Appellee was not qualified to hold the position. … Next, we note that said attempted demotion was clearly illegal insofar as it purported to be retroactive.

Ortiz v. Meadwestvaco Corp.

274 So. 3d 158 · Louisiana Court of Appeal · Jun 5, 2019

The undisputed facts herein establish that eight employees of JVI filed suit against MWV beginning in March 2009, alleging bodily injury sustained during their work at the MWV refinery in April and June of 2008. … Clearly, MWV did not comply with the conditions precedent recited above. "Courts have generally reviewed compliance with insurance policy provisions as a condition precedent to recovery." Lee v. United Fire & Cas.

Montgomery v. Montgomery

2011 La.App. 3 Cir. 1223 · Louisiana Court of Appeal · Apr 11, 2012

In Brown v. 6Drillers Inc., supra, the Supreme Court held that “substantiating evidence” must establish: either (1) that the releaser was mistaken as to what he or she was signing, even though fraud was not present; or (2 … If this qualified as a valid dispute over the scope of a compromise settlement, compromise settlements would have to be the length of novels in order to cover every possible injury that might arise out of any given accident

Billy Joe Harrington, in His Official Capacity as District Attorney for the 10th Judicial Court, Natchitoches, Louisiana v. Mozella Jeanetter Bell

Louisiana Court of Appeal · May 3, 2019

Bell asserts that no statute sets the time for establishing residence. … Based upon our analysis, the date for meeting residency requirements is already established as one year prior to qualifying to run for office, pursuant to La.R.S. 33:384, which comports with the requirements in the Election

In Re Grand Jury

737 So. 2d 1 · Supreme Court of Louisiana · Apr 13, 1999

While the case law clearly establishes that a federal grand jury can obtain state grand jury materials pursuant to a subpoena [4] , comity prescribes that the state court with supervision over the grand jury rule on the continuing … The United States Attorney is not immune from the required showing of compelling necessity.

Boyter v. Blazer Const. Co., Inc.

505 So. 2d 854 · Louisiana Court of Appeal · Apr 1, 1987

Peterson and Co., who qualified as an expert witness, indicated that this was standard language in the industry to indicate that the extent of usage of leased vehicles was presently unknown. … Woods was clearly a broker in this situation, not an agent for General Agents. III. Conclusion Because of our determination that Mr.

Dorsey v. Money MacK Music, Inc.

304 F. Supp. 2d 858 · District Court, E.D. Louisiana · Dec 1, 2003

The burden of establishing federal jurisdiction is on'the party seeking removal. Willy v. *863 Coastal Corp., 855 F.2d 1160, 1164 (5th Cir.1988). … Generally, “[t]he torts of conversion and trespass relate to interference with tangible rather than intangible property, and hence, should be held to be immune from preemption”. 1 Melville B.

State v. Jackson

608 So. 2d 949 · Supreme Court of Louisiana · Nov 12, 1992

Considering the trend established by this Court's line of cases addressing the introduction of other conduct evidence at the sentencing phase, I reluctantly acquiesce in the majority's present line-drawing exercise of establishing … In its effort to avoid arbitrary sentencing, the majority has itself placed arbitrary limitations on what qualifies as relevant evidence of character.

Smith v. Cajun Insulation, Inc.

392 So. 2d 398 · Supreme Court of Louisiana · Dec 15, 1980

It is well established that statutes are to be construed in such a manner as to effectuate their purpose. J. M. Brown Construction Co., Inc. v. … C.C. art. 3071 and qualify as a judgment having the authority of the thing adjudged, La.C.C. art. 3078, thereby sufficing as grounds for the peremptory plea of res judicata. Bielkiewicz v.

Dufrene v. Gautreau Family, LLC

980 So. 2d 68 · Louisiana Court of Appeal · Feb 22, 2008

At the trial, Bhola Dhume, an architect, who was employed by the City of New Orleans as Deputy Director of Department of Public Safety and Permits was qualified *74 as an expert in building codes and designs. … clearly wrong.